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    OFFICIAL COMPETITION, PRIZE DRAW AND GIVEAWAY RULES - ENDY X MUSE

    ENDY - OFFICIAL COMPETITION, PRIZE DRAW AND GIVEAWAY RULES

    THESE OFFICIAL RULES ARE APPLICABLE TO THE CONTESTS, COMPETITIONS, PRIZE DRAWS AND GIVEAWAYS (“THE CONTEST(S)”) ADMINISTERED BY ENDY CANADA OR ONE OF ITS AFFILIATES (“THE SPONSOR”).

    BY ENTERING THE CONTEST, THE ENTRANT CONFIRMS THAT HE/SHE/THEY IS ELIGIBLE TO ENTER THE CONTEST AND TO CLAIM ANY PRIZE HE/SHE/THEY MAY BE ENTITLED TO AND THAT HE/SHE/THEY AGREES TO THESE OFFICIAL RULES.

    NO PURCHASE IS NECESSARY IN ORDER TO PARTICIPATE IN ANY CONTEST. PURCHASE WILL NOT IMPROVE CHANCE OF WINNING.

    THE CONTESTS ARE CONDUCTED ONLY IN THE JURISDICTION(S) (THE “JURISDICTION(S)”) SPECIFIED IN THE PARTICULARS OF EACH CONTEST WHICH ARE GOVERNED BY THESE OFFICIAL RULES (“THE CONTEST PARTICULARS”). INDIVIDUALS WHO ARE NOT LEGALLY RESIDENT IN THE RELEVANT JURISDICTION ARE NOT ENTITLED TO PARTICIPATE IN ANY CONTEST AND ANY ASSOCIATED ENTRY WILL BE INVALID.

    IF ANY OF THESE OFFICIAL RULES ARE PROHIBITED IN WHOLE OR PART BY APPLICABLE LAW, THEY SHALL BE DEEMED DELETED OR AMENDED ACCORDINGLY. THESE OFFICIAL RULES ARE SUBJECT TO CHANGE BY THE SPONSOR, WITHOUT NOTICE, IN ORDER TO COMPLY WITH ANY APPLICABLE LAWS. ENTRANTS ARE ADVISED TO REVIEW THESE OFFICIAL RULES REGULARLY IN ORDER TO MAKE THEMSELVES AWARE OF ANY CHANGES.

    1.Contest Period

    1.1 The Contest runs for the period of the relevant Contest as described in the Contest Particulars (“the Contest Period”). Entries to the Contest must be received by the Sponsor within the Contest Period. Any entries received outside the Contest Period will automatically be excluded from the Contest.

    1. Agreement to Official Rules

    2.1 Entrants agree to be bound by these Official Rules and to abide by and be bound by all decisions of the Sponsor, which shall be final and binding, in all matters relating to this Contest and the awarding of the prizes, including without limitation eligibility and/or disqualification of entries.

    1. Eligibility

    3.1 The Contest is open to legal residents of the Jurisdictions who are 18 years old or above and/or have reached the age of majority in the appropriate Jurisdiction, as of the date of entry, and who either: (i) have and provide a valid e-mail address; or (ii) send an entry via post, marked for the attention of the Marketing Team at Endy Canada., 800-60 Adelaide St E, Toronto, ON, M5C 3E4, Canada. Any postal entries received outside the Contest Period will automatically be excluded from the Contest.

    3.3 Employees, agents and contractors of the Sponsor, its affiliates, distributors, sales representatives, suppliers, advertising and promotion agencies (collectively, the “Promotion Entities”), members of the immediate families (defined as parents, siblings, children and spouses, regardless of where they live) and households (whether or not related) of such employees of Promotion Entities, are excluded from eligibility.

    3.4 There is a limit of one entry per entrant and one entrant per household.

    3.5 The Sponsor may require proof of identity and/or eligibility to participate in the Contest from any entrant and may disqualify any entrant who:

    (a) fails to provide the required proof;

    (b) the Sponsor believes has provided untrue, incomplete, misleading or inaccurate information;

    (c) tampers or attempts to tamper with the entry process, the operation of the Contest, the Contest website details of which are provided on the Contest Particulars (“Contest Website”) and/or www.endy.com;

    (d) violates these Official Rules; or

    (e) does or intends to annoy, abuse, threaten or harass any other person.

    1. How to Enter

    4.1 In Order to enter a Contest, an entrant must follow the instructions associated with the specific Contest described in the Contest Particulars.

    4.2 Entries, including, if applicable, any story and/or photograph and/or other material of information submitted in connection with the Contest entry (“the Work”), become the sole property of the Sponsor and will not be returned for any reason.

    4.3 Entries will be disqualified if they are submitted late, illegible, incomplete, damaged, irregular, mutilated, forged, completed by third parties or in bulk, photocopies and not originals, garbled or mechanically or electronically reproduced.

    4.4 The Sponsor does not accept:

    (a) any responsibility for entries which are lost, mislaid, damaged, or delayed in transit; or

    (b) proof of sending/submission as proof of entry.

    4.5 No communication or correspondence will be exchanged with entrants except with those selected as a potential Contest winner.

    4.6 Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address, Facebook, Twitter, Pinterest or Instagram account associated with the entry, as applicable. For the purposes of these Official Rules, “authorized account holder” of such account(s) means the natural person who is assigned to such account(s) by an Internet access provider, on-line service provider, or any social media platform entity(ies) listed, or other organization responsible for assigning such accounts for the domain or account associated with the submitted account(s). Each selected entrant may be required to provide the Sponsor with proof that the selected entrant is the authorized account holder of the account(s) associated with the winning entry.

    1. Prizes

    5.1 The number, nature and approximate retail value of the prizes (“the Prize(s)”) available to be won in the Contest are set out in the Contest Particulars.

    5.2 The Prize must be accepted as awarded and may not be substituted, transferred or redeemed for cash or otherwise. The Sponsor reserves the right, at its sole discretion, to substitute a prize of greater or equivalent monetary value if the Prize, or part thereof, cannot be awarded as described for any reason. The Sponsor will not replace any lost, damaged or stolen Prizes. In the case of gift cards or gift certificates, the terms by which the gift cards or gift certificates may be redeemed are governed by the applicable retailer or service provider. The Sponsor is not responsible for administering or ensuring compliance with the terms and conditions of the gift cards or gift certificates.

    1. How to Win

    6.1 On or about the date (following the end of the Contest Period) specified in the Contest Particulars, the Sponsor will identify a winning entrant by a random draw to be conducted from among all eligible entries received during the Contest Period. The odds of being selected as the winner of a Prize depend on the number of eligible entries received during the Contest Period.

    6.2 The Sponsor will contact each winner as soon as practicable after the date set out in paragraph 6.1 of these Official Rules, using the contact details provided by the entrant.

    1. Prize Claim Conditions

    7.1 In order to be declared a winner, the selected entrant must:

    (a) respond to notification of selection (and provide the Sponsor with proof of the selected entrant’s identity) within fourteen (14) days of first attempt by the Sponsor;

    (b) correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail;

    (c) sign and return to the Sponsor, within three (3) business days of it being sent by the Sponsor, a written declaration and release form, releasing the Promotion Entities from any liability in connection with this Contest or the use, misuse, awarding or possession of any Prize;

    (d) provide any additional information requested by the Sponsor, including but not limited to information required to complete any applicable forms for tax reporting purposes or as required by applicable law;

    (e) claim his/her/their Prize within ten (10) days of the date referred to in paragraph 6.1; and

    (f) otherwise comply with these Official Rules.

    7.2 The Prize may not be claimed by any third party on behalf of a selected winner.

    7.3 The Sponsor reserves the right to select alternative winners if any selected winner fails to comply with this paragraph 7 or any other aspect of these Official Rules or fails to claim the Prize.

    7.4 The Sponsor will send the surname and country of residence of Prize winners and, if applicable, their winning entry, to anyone who contacts the Sponsor requesting details of the winners of the Contest within one month of the end of the Contest Period. If an entrant objects to his/her/their details being provided in accordance with this paragraph, he/she/they should notify the Sponsor by sending an email to hello@endy.com. In such circumstances, the Sponsor may still be required to provide details of the winners to any regulatory authority.

    7.5 Should a winner make any false statement(s) in any document referenced above, the winner may be required to promptly return to the Sponsor his/her/their Prize, or the cash value thereof.

    7.6 In the event of a dispute as to the identity of the person who submitted any entry, the authorized account holder of the Instagram account used for entry will be deemed to be the entrant.

    1. Right to Void / Terminate / Suspend / Modify

    8.1 The Sponsor reserves the right to terminate, suspend or modify this Contest, in whole or in part, at any time if, in the Sponsor’s reasonable discretion, any factor or event outside the Sponsor’s reasonable control arises that is reasonably likely to interfere with the proper conduct, administration, security or impartiality of the Contest as contemplated by these Official Rules.

    1. Limitation of Liability and Releases

    9.1 INSOFAR AS PERMITTED BY APPLICABLE LAW, BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT NEITHER THE SPONSOR OR ANY PROMOTION ENTITIES SHALL HAVE ANY LIABILITY FOR OR BE REQUIRED TO COMPENSATE ANY ENTRANT WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, DEATHS, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM A PRIZE, INCLUDING THE ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE. FURTHER, BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE PROMOTION ENTITIES AND FACEBOOK, INC., TWITTER, INC., PINTEREST, INC., AND INSTAGRAM, INC. AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM: (A) THE ENTRANT’S ENTRY OR PARTICIPATION IN THIS CONTEST, INCLUDING ACCESS TO AND USE OF THE CONTEST WEBSITE OR THE SPONSOR WEBSITE, OR (B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR MERCHANDISE DELIVERY.

    9.2 Without limiting the foregoing, the Promotion Entities, any of Sponsor’s suppliers or contractors shall not be responsible for:

    (a) any incomplete or inaccurate information that is caused by Contest Website users, Sponsor Website users or by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of submissions in the Contest;

    (b) the theft, destruction, loss or unauthorized access to, or alteration of, entries;

    (c) any failure of the entry, draw or other Contest process.

    1. Indemnification by Entrant

    10.1 By entering the Contest and to the extent permitted by applicable law, each entrant releases and holds the Sponsor, and if applicable, Facebook, Twitter, Pinterest and/or Instagram, and each of their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, administrators, licensees, representatives, advertising, media buying and promotional agencies harmless from any and all liability for any loss or damage of any kind to the entrants or any other person, including but not limited to, infringement of intellectual property rights or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of these rules, or in any Prize-related activity.

    1. Protection of Personal Information

    11.1 By participating in the Contest, each entrant (unless prohibited by law or the entrant has indicated that he/she/they does not wish his/her/their Personal Information to be used for these purposes when he/she/they enters the competition):

    (a) grants to the Sponsor the right to use his/her/their personal information provided when he/she/they enters the Contest and submits the Work (if applicable) (collectively the “Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the winners and coordinating the provision of the Contest Prizes;

    (b) grants to the Sponsor the right to use his/her/their Personal Information for publicity and promotional purposes relating to the Contest in any and all media without further compensation; and

    (c) acknowledges that the Sponsor may disclose his/her/their Personal Information to third-party agents and service providers of the Sponsor in connection with any of the activities listed in (a) and/or (b) above.

    11.2 The Sponsor will use each entrant’s Personal Information only for the identified purposes set out above and in its privacy policy at https://endy.com/pages/privacy-policy, and will protect each entrant’s Personal Information in a manner that is consistent with all applicable data protection regulations and the privacy policy at https://ca.endy.com/pages/privacy-policy.

    1. Intellectual Property

    12.1 All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations relating to the Contest are owned by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property of the Sponsor and/or any of its affiliates without the express written consent of its owner is strictly prohibited.

    1. Permission for the Sponsor to use the Work

    13.1 By entering the Contest, each entrant confirms that:

    (a) the Work is his/her/their own original work, that he/she/they owns all right, title and interest (including copyright) in and to the Work and that he/she/they has the right to grant the Sponsor permission to use the Work in accordance with these Official Rules;

    (b) the Work and the Sponsor’s use of it in accordance with these Official Rules does not infringe the intellectual property or other proprietary rights of any person;

    (c) the Work does not contain any content which is defamatory, libellous, obscene or otherwise unlawful; and

    (d) he/she/they has the right to grant the Sponsor permission to use the Work in accordance with these Official Rules.

    13.2 By entering this Contest, each entrant grants the Sponsor a worldwide, irrevocable licence, free of charge, to publish the Work along with his or her name, image, likeness, comments, voice and/or biography, place of residence and/or statement regarding any Prizes for publicity and advertising purposes, in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest but each entrant acknowledges that Sponsor is not required to do so.

    1. General Conditions

    14.1 By participating in the Contest, each entrant agrees that neither the Sponsor nor any of the Promotion Entities have made any warranty, representation or guarantee in relation to the Prize, save to the extent expressly stated and specifically exclude all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, to the extent capable of being excluded by applicable law.

    14.2 The Contest is subject to all applicable federal, provincial, territorial and/or state and municipal laws.

    14.3 The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

    14.4 The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

    1. Interpretation

    15.1 In the event of any discrepancy or inconsistency between the provisions of these Official Rules and disclosures or other statements contained in any Contest related materials, including but not limited to the Contest Particulars, the Contest entry form, radio, television, print, outdoor and online advertising, the provisions of these Official Rules shall prevail and govern. The headings of the sections of these Official Rules are for convenience of reference only and shall not affect the interpretation of these Official Rules.

    1. Social Media

    16.1 This Contest is in no way sponsored, endorsed or administered by any social media platforms on which the Contest may have been promoted and/or publicized, including but not limited to Facebook, Twitter, Pinterest or Instagram. Any personal information provided in connection with the Contest is being provided to the Sponsor and not to any such social media platform(s). Any questions or comments regarding the Contest must be directed to the Sponsor and not to any of the social media platforms on which the Contest may have been advertised or administered.

    1. Governing Law and Jurisdiction

    17.1 The Contests shall be construed and evaluated and, together with these Official Rules shall be governed by the laws of the Province of Ontario and the laws of Canada. Any disputes relating to a Contest must be brought before the courts sitting in the City of Toronto, in the Province of Ontario, Canada.

    17.2 Each entrant agrees, to the extent permitted by law, that any judicial proceedings relating to any disputes, claims or causes of action arising out of or in connection with the Contest shall take place in a court sitting in the City of Toronto, in the province of Ontario.

    CONTEST PARTICULARS

    Details of the Contest Website: endy.com/pages/giveaway

    The Contest Period:

    The period running from 12:01:00 p.m. Eastern Time on May 21st, 2021, and ending at 11:59:59 p.m. Pacific Time on May 31st, 2021.

    Details of how to enter the Contest:

    To enter the Contest, an entrant must: go to endy.com/pages/giveaway (the “Contest Website”) during the Contest Period. Limit: one (1) entry per person during the Contest Period.

    Details of the number, nature and value of the Prizes:

    There is one prize (the “Prize”) available to be won, consisting of a one (1) Weighted Blanket and two (2) Pillows from Endy and one (1) Muse S headband and 1-year guided meditation subscription to Muse. The approximate retail value of the Prize is $780 CAD.

    Date of the selection of Contest winner:

    On or around June 1st, 2021, a random draw will be conducted from among all eligible entries received during the Contest Period for the purpose of selecting a Prize winner. The odds of being selected depend on the number of eligible entries received during the Contest Period.

    Jurisdictions:

    Canada (Excluding Quebec).

     

     

     
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